Terms of Service
Last updated: September 28, 2021
These terms and conditions (these "Terms” or “Terms of Service") apply to the purchase and resale of products and services through the Jordan Samuel Skin Esthetics Wholesale Program (the “Program”) at www.jsswholesale.com, and any other site or service that links to these terms (collectively, the "Site"). These Terms are subject to change by Jordan Samuel Skin (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last updated" date referenced above. You should review these Terms and related policies, including but not limited to our Privacy Policy prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last updated" date will constitute your acceptance of and agreement to such changes.
PROGRAM OVERVIEW
The Program is currently limited to licensed estheticians in solo practice or at small (six or fewer estheticians on staff) spas. Only persons who have applied to the Program and have had their application approved to participate in the Program (the “Participants”) may make purchases through the Site.
Participants must maintain a current Resale Permit and Esthetics License. Participants in the Program may resell Jordan Samuel Skin products (the “Products”) purchased on the Site only in the brick-and-mortar location(s) and on the business website listed on their application and not on any other third-party website, social media account, or other location. In all cases the Products may only be sold from within the United States.
You agree to notify us within two business days if your Resale Permit or Esthetics License expire, are terminated, or are otherwise no longer in effect. You agree to notify us within 14 calendar days of any other material changes in the information provided on your application, including business ownership, name, size, or address.
We retain sole discretion to terminate your participation in the Program at any time for any reason after approval.
SITE ACCESS
Participants in the Program will be given unique login information to access the Site. This information may not be transferred to or utilized by anyone other than the Participant. By accessing the password-protected portions of this Site you represent that you are an approved Participant and continue to meet the Program requirements.
ONLINE STORE TERMS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By placing an order from the Site, you affirm that you are at least the age of majority in your state or province of residence.
You agree that your order is an offer to buy, under these Terms of Service, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders in our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Information on the Site has not been evaluated by the Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease. You should not use the information on the Site for diagnosis or treatment of any health problem or for prescription of any other treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. You should consult with a health care professional if you have or suspect you might have a health problem.
MODIFICATIONS TO THE SITE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
Prices do not include charges for shipping and handling. Please review our Shipping & Returns Policy for current shipping pricing and information.
All Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you under these Terms (“Taxes”). You agree that you shall be responsible for all such Taxes.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services or use of the Site to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
PURCHASE AND RESALE OF PRODUCTS
The minimum order amount on the Site is $450, excluding shipping and handling costs. This amount is subject to change at any time without prior notice. All orders and shipments are subject to our Shipping & Returns Policy.
You agree that you will not sell the products for prices below the Manufacturer’s Suggested Retail Price (MSRP) listed on each product page without our prior written consent.
You agree not resell, distribute or dispose of the Products in any way other than sale at the brick-and-mortar store(s) and/or the business website listed on your application without prior written approval. You agree that you shall not, without our prior written consent, appoint any other person or entity to sell or distribute Products, or sell the Products to any person or entity you know or have reason to believe is purchasing Products for resale.
You agree that in all cases, Products will only be resold from within the United States.
You are responsible for complying with all applicable laws, regulations and ordinances in connection with your use and resale of any products. Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations, and you represent and warrant that you will not export, re-export, or transfer indirectly or directly any product in violation of such laws and/or regulations. You will defend and hold Jordan Samuel Skin harmless against all claims, damages, or liability resulting from your breach of the foregoing.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
INTERNET SEARCH
You shall not bid on any Jordan Samuel Skin trademarks, service marks, logos, and/or word marks (our “Marks”) for any internet sponsored advertising placement. You further agree not to utilize our Marks as keyword terms for Internet advertising platforms.
INTELLECTUAL PROPERTY
You agree we own and retain all right, title and interest in and to our Products, Jordan Samuel Skin Packaging (our “Packaging”), and our Marks, including without limitation all intellectual property rights. No intellectual property rights are transferred or licensed pursuant to these Terms, including by implication. You may not modify, copy, remove, or create derivative works based on our Marks, Products, and/or Packaging for any reason. Subject to these Terms, we permit you to display our Packaging solely in association with display and sale of Products you purchase. All goodwill arising out of your use of our Marks will inure solely to the benefit of us. Without limiting the foregoing, we reserve all rights not expressly granted under these Terms. You shall immediately notify us in writing, with reasonable detail of any actual, suspected, or threatened infringement or claims of infringement related to our Products, Packaging or Marks or any other actual, suspected, or threatened claim relating to our Products, Packaging, and/or Marks.
PRODUCT RECALL OR WITHDRAWAL
Upon notice by us, in our sole discretion, we may recall or withdraw the Products from display or sale. You agree that you will cooperate promptly and in good faith with all reasonable requests we make regarding product recalls or withdrawals. You agree to work in good faith to minimize the impact of any such event. You agree to maintain appropriate customer records so that in the event of a product withdrawal or recall, purchasers of the product may be notified as necessary.
CONFIDENTIALITY
You agree to retain in confidence and require your agents and contractors to retain in confidence all information transmitted by us that we have identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential. The foregoing obligations will not apply to any (i) information that becomes generally publicly available through no fault of you or your agents and contractors, (ii) information that you obtain from a third party (other than in connection with this Agreement); (iii) information that is independently developed or acquired by you; or (iv) disclosures which are required by applicable law.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via the Site may include materials from third parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you provide certain specific submissions (for example contest entries) or without a request from us you provide creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you provide to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the Site, and our processing of such personal information, is governed by our Privacy Policy. To view our Privacy Policy, click here.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL JORDAN SAMUEL SKIN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jordan Samuel Skin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the state of Washington.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
By Email:
info@jordansamuelskin.com
By Post:
Jordan Samuel Fragrances, Inc.
d/b/a Jordan Samuel Skin
276 5th Avenue, Suite 704 - 3117
New York, New York 10001
These terms and conditions (these "Terms” or “Terms of Service") apply to the purchase and resale of products and services through the Jordan Samuel Skin Esthetics Wholesale Program (the “Program”) at www.jsswholesale.com, and any other site or service that links to these terms (collectively, the "Site"). These Terms are subject to change by Jordan Samuel Skin (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last updated" date referenced above. You should review these Terms and related policies, including but not limited to our Privacy Policy prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last updated" date will constitute your acceptance of and agreement to such changes.
PROGRAM OVERVIEW
The Program is currently limited to licensed estheticians in solo practice or at small (six or fewer estheticians on staff) spas. Only persons who have applied to the Program and have had their application approved to participate in the Program (the “Participants”) may make purchases through the Site.
Participants must maintain a current Resale Permit and Esthetics License. Participants in the Program may resell Jordan Samuel Skin products (the “Products”) purchased on the Site only in the brick-and-mortar location(s) and on the business website listed on their application and not on any other third-party website, social media account, or other location. In all cases the Products may only be sold from within the United States.
You agree to notify us within two business days if your Resale Permit or Esthetics License expire, are terminated, or are otherwise no longer in effect. You agree to notify us within 14 calendar days of any other material changes in the information provided on your application, including business ownership, name, size, or address.
We retain sole discretion to terminate your participation in the Program at any time for any reason after approval.
SITE ACCESS
Participants in the Program will be given unique login information to access the Site. This information may not be transferred to or utilized by anyone other than the Participant. By accessing the password-protected portions of this Site you represent that you are an approved Participant and continue to meet the Program requirements.
ONLINE STORE TERMS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By placing an order from the Site, you affirm that you are at least the age of majority in your state or province of residence.
You agree that your order is an offer to buy, under these Terms of Service, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders in our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Information on the Site has not been evaluated by the Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease. You should not use the information on the Site for diagnosis or treatment of any health problem or for prescription of any other treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. You should consult with a health care professional if you have or suspect you might have a health problem.
MODIFICATIONS TO THE SITE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
Prices do not include charges for shipping and handling. Please review our Shipping & Returns Policy for current shipping pricing and information.
All Prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you under these Terms (“Taxes”). You agree that you shall be responsible for all such Taxes.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services or use of the Site to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
PURCHASE AND RESALE OF PRODUCTS
The minimum order amount on the Site is $450, excluding shipping and handling costs. This amount is subject to change at any time without prior notice. All orders and shipments are subject to our Shipping & Returns Policy.
You agree that you will not sell the products for prices below the Manufacturer’s Suggested Retail Price (MSRP) listed on each product page without our prior written consent.
You agree not resell, distribute or dispose of the Products in any way other than sale at the brick-and-mortar store(s) and/or the business website listed on your application without prior written approval. You agree that you shall not, without our prior written consent, appoint any other person or entity to sell or distribute Products, or sell the Products to any person or entity you know or have reason to believe is purchasing Products for resale.
You agree that in all cases, Products will only be resold from within the United States.
You are responsible for complying with all applicable laws, regulations and ordinances in connection with your use and resale of any products. Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations, and you represent and warrant that you will not export, re-export, or transfer indirectly or directly any product in violation of such laws and/or regulations. You will defend and hold Jordan Samuel Skin harmless against all claims, damages, or liability resulting from your breach of the foregoing.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
INTERNET SEARCH
You shall not bid on any Jordan Samuel Skin trademarks, service marks, logos, and/or word marks (our “Marks”) for any internet sponsored advertising placement. You further agree not to utilize our Marks as keyword terms for Internet advertising platforms.
INTELLECTUAL PROPERTY
You agree we own and retain all right, title and interest in and to our Products, Jordan Samuel Skin Packaging (our “Packaging”), and our Marks, including without limitation all intellectual property rights. No intellectual property rights are transferred or licensed pursuant to these Terms, including by implication. You may not modify, copy, remove, or create derivative works based on our Marks, Products, and/or Packaging for any reason. Subject to these Terms, we permit you to display our Packaging solely in association with display and sale of Products you purchase. All goodwill arising out of your use of our Marks will inure solely to the benefit of us. Without limiting the foregoing, we reserve all rights not expressly granted under these Terms. You shall immediately notify us in writing, with reasonable detail of any actual, suspected, or threatened infringement or claims of infringement related to our Products, Packaging or Marks or any other actual, suspected, or threatened claim relating to our Products, Packaging, and/or Marks.
PRODUCT RECALL OR WITHDRAWAL
Upon notice by us, in our sole discretion, we may recall or withdraw the Products from display or sale. You agree that you will cooperate promptly and in good faith with all reasonable requests we make regarding product recalls or withdrawals. You agree to work in good faith to minimize the impact of any such event. You agree to maintain appropriate customer records so that in the event of a product withdrawal or recall, purchasers of the product may be notified as necessary.
CONFIDENTIALITY
You agree to retain in confidence and require your agents and contractors to retain in confidence all information transmitted by us that we have identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential. The foregoing obligations will not apply to any (i) information that becomes generally publicly available through no fault of you or your agents and contractors, (ii) information that you obtain from a third party (other than in connection with this Agreement); (iii) information that is independently developed or acquired by you; or (iv) disclosures which are required by applicable law.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via the Site may include materials from third parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you provide certain specific submissions (for example contest entries) or without a request from us you provide creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you provide to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the Site, and our processing of such personal information, is governed by our Privacy Policy. To view our Privacy Policy, click here.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL JORDAN SAMUEL SKIN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Jordan Samuel Skin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the state of Washington.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
By Email:
info@jordansamuelskin.com
By Post:
Jordan Samuel Fragrances, Inc.
d/b/a Jordan Samuel Skin
276 5th Avenue, Suite 704 - 3117
New York, New York 10001